Sentences with phrase «authority under the constitution»

Republican supporters of the bill have argued that Congress has the authority under the Constitution to regulate international commerce.

«It is plainly obvious from the facts here that these so - called «sessions» are a charade designed to nullify the Governor's authority under the Constitution,» Paterson's counsel Peter Kiernan said.

In August, 2016, the First District Court of Appeals affirmed the ruling of the Circuit Court, holding that the plaintiffs suffered no special injury from the tax credit scholarship program, and that the state legislature did not exceed its authority under the constitution.

They do not resolve Congress» authority under the Constitution to establish a different scheme.»

Does the Parliament of Canada have the legislative authority under the Constitution Act, 1867: (a) to pass sections 295, 296 and 297 of the Budget Implementation Act, 2009 S.C. 2009, c. 2, (b) to pass legislation that is co-extensive in substance with the Alberta Securities Act and similar to the draft Securities Act appended to the

Not exact matches

Congress has formal authority over trade policy under the US Constitution, but it has generally delegated much of its authority to the executive branch in modern times.

Bill 12 clearly creates the authority for the province to do that which it it not permitted to do under the Constitution.

Hidden under the idea that we should choose to ignore some portions of the Constitution, is the other idea that there should be an informal Higher Constitutional Moral Authority that will tell the rest of us when we should ignore and when we should obey this or that provision of the Constitution.

The Book of Discipline (2004) makes this clear: «No person, no paper, no organization, has the authority to speak officially for The United Methodist Church, this right having been reserved exclusively to the General Conference under the Constitution.»

I, RICK PERRY, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby proclaim the three - day period from Friday, April 22, 2011, to Sunday, April 24, 2011, as Days of Prayer for Rain in the State of Texas.

Few believers are likely to pledge their allegiance to a government under which the courts» in the name of «constitutional rights» they themselves have sole authority to read into the Constitution» can systematically close off any form of political opposition by declaring it to betray the «inevitable inference» of animus.

Even today, some scholars argue that it did nothing more than declare that the Supreme Court is within its rights in declining to exercise an authority putatively conferred upon it by Congress when such authority exceeds the jurisdiction granted to the Court under Article Three of the Constitution.

Having funds available isn't the problem, they can not spend money that hasn't been authorized by Congress under the Antideficiency Act Congress's authority on this matter derives from the Constitution.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The state of Washington argued that the President exceeded his statutory authority under the Immigration and Nationality Act, and violated the First and Fifth Amendments of the Constitution when issuing his order.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

«Because the Constitution provides the authority for the allocation of monies for particular and additional services, appertaining to or entailed by that special capacity, the documents filed with the Comptroller can not be false and therefore the instruments filed were not false filings under Penal Law,» the memo states.

David Lewis, counsel to Senate Majority Leader John Flanagan, released an opinion declaring the payments as «proper under the authority of the New York State Constitution.»

«The executive authority [President] of Ghana shall extend to the execution and maintenance of this constitution and laws made under or continued in force by this constitution».

So how come that out of Government the incompetent John Dramani Mahama surrogates in the NDC, which was not the appointing authority under Article 217 of the 1992 Constitution, now have the audacity to ask me to produce evidence on an incompetent appointment they did not make?

The NDC can not answer the foregoing questions because it was not the Executive Authority under Article 58 of the 1992 Constitution.

Under Supreme Court constitutional interpretation, since individual states never had the original sovereign authority to unilaterally change the terms and conditions of service of federal officials agreed to and established in the Constitution, such a power could not be «reserved» under the Tenth AmendUnder Supreme Court constitutional interpretation, since individual states never had the original sovereign authority to unilaterally change the terms and conditions of service of federal officials agreed to and established in the Constitution, such a power could not be «reserved» under the Tenth Amendunder the Tenth Amendment.

She's not acting on behalf of the Supreme Court; she is acting under her own (pretty vast) authority as a federal judge under Article III of the Constitution, and issuing the order from a district court.

According to Alhaji Muntaka, the police invitation to the MPs undermines the authority of parliament and also interferes with the work of a parliamentarian, who is insulated under Article 117 of the Constitution and Order 22 of the Standing Orders of Parliament from any arrest or court orders in the performance of his or her official duties.

Former Gov. Eliot Spitzer: «If the federal government wants to wield its full authority on immigration, for example, it will be hard for states to object, because that's an area where the courts have said the government has a clear capacity under the Constitution to do what it wants.»

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

It also does no credit to whatever agenda the appointing authority which is also contesting this presidential election had in mind in patronizing her to the important and critical office of impartiality as Electoral Commissioner under the Constitution.

Any Order, Rule or Regulation made by a person or authority under a power conferred by this Constitution or any other law shall

«The appointing authority is solely the right of the president as enshrined in our able Constitution, therefore, who appoints and who is appointed is requisite, and the preserve of the president under any working democracy.

Bellone said that if Spota does not step down, he will call on Governor Andrew Cuomo to exercise his authority under the state constitution to remove him from office.

The attorney general said that Cuomo has the authority under the state's constitution to give his office the power to to supersede local district attorneys and investigate any crime the governor sees fit.

His conclusion: the payments are «proper under the authority of the New York State Constitution.»

After reviewing the material provided by Nevin, Kennedy said in an email that «this unsubstantiated county ordinance does not impact the village's authority to exercise its police power under the [New York State] Constitution in relation to regulating signs on public property.»

«The authority of the Senate, under the Constitution to screen and pass nominees, has never been questioned by the government or the Federal Executive Council.

«The appointing authority is solely the right of the president as enshrined in our able constitution, therefore, who appoints and who is appointed is the requisite, and the preserve of the president under any working democracy.

«Where in the state constitution does it envision nonprofits performing government functions delegated from the state university system under the control of the economic development authority?»

Meet marriage minded people, Muslim Dating, The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91 (26) of the Constitution Act, 10 Online Dating Statistics (for Canada) You Should Know eHarmony.

The law, known as the Gun - Free School Zones Act, was struck down last fall by the U.S. Court of Appeals for the Fifth Circuit, which said that Congress exceeded its authority under the commerce clause of the Constitution when it made gun possession near public or private schools a federal offense.

The federal government has a long history of promoting interstate markets through its authority under the U.S. Constitution's commerce clause.

We urge the Alabama legislature to use their authority under the Alabama Constitution to repeal «Alabama College and Career Ready Standards» (aka common core) and replace them with proven Alabama standards upon which we can continue to improve.

any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution.

Under Spanish constitutional case law, the Spanish authorities «indirectly» violate the Constitution if they give effect to a foreign authority's decision that infringes the «absolute content» of a fundamental right.

In section 2 «The legislature recognizes the inherent authority of the judiciary under Article IV, section 1 of the state Constitution to establish therapeutic courts...» including specifically «Veterans treatment court.»

The authorities suggest two related elements — a fiduciary duty owed by the Crown to Aboriginal people when dealing with Aboriginal lands, and the right to encroach on Aboriginal title if the government can justify this in the broader public interest under s. 35 of the Constitution Act, 1982.

In its May 10th decision, Quebec's appellate court answered «no» to the question of whether «the Constitution of Canada authorize the implementation of pan-Canadian securities regulation under the authority of a single regulator, according to the model established by the most recent publication of the «Memorandum of Agreement regarding the Cooperative Capital Markets Regulatory System.»»

As to the second question put before it — whether the most recent version of the draft of the federal Capital Markets Stability Act exceeded the authority of the Parliament of Canada over the general branch of the trade and commerce power under s. 91 (2) of the Constitution Act, 1867 — the Court of Appeal answered «no» to it as well.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges and other public officials in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

He recently represented the Retirement Plan for Chicago Transit Authority Employees in the Supreme Court of Illinois in the Matthews case, which challenged the constitutionality, under the Illinois State Constitution, of the CTA's pension reform agreement with its unions (decision pending).

Zac has also advised a local authority on various issues related to the amendment of its constitution (led by Anya Proops) and has advised on the merits of a claim for judicial review by a business alleging breach of its rights under A1P1 (led by Amy Rogers).